Applying again after Tier 2 refusal but BRP expired?

[samhim123]

Hi guys,

Hope you’re all well. I need help and advice on my situation please!

I applied for my Tier 2 visa (switching from my current tier 4) before my BRP expired (note: my BRP has now expired but I am within my legal right to stay here). I am waiting to hear back from the Home Office with their decision.

I have just been told by my employer that I was assigned the wrong number of hours for my job role and pay. I am being offered the role of Health Service Manager (code 1181) and as a new entrant I am being paid 25,000. The number of hours I was assigned was 40 when it should have been 37 or 37.5. My employer has sent in an email asking for the hours to be amended if possible, however he has agreed to issue me with a new CoS if the hours are not amended and I get refused based on that.

With that in mind, if I get a new CoS, will I be able to apply as soon as I get my documents back? I’m asking that as my leave has expired but from my understanding I might be able to apply considering applicants are usually given c amount of days after they get their decision from the home office. Please note that I am NOT an Overstayer as I applied before my leave expired. Can anyone confirm?

Thanks

[Djsuccess]

Hi guys,

Hope you’re all well. I need help and advice on my situation please!

I applied for my Tier 2 visa (switching from my current tier 4) before my BRP expired (note: my BRP has now expired but I am within my legal right to stay here). I am waiting to hear back from the Home Office with their decision.

I have just been told by my employer that I was assigned the wrong number of hours for my job role and pay. I am being offered the role of Health Service Manager (code 1181) and as a new entrant I am being paid 25,000. The number of hours I was assigned was 40 when it should have been 37 or 37.5. My employer has sent in an email asking for the hours to be amended if possible, however he has agreed to issue me with a new CoS if the hours are not amended and I get refused based on that.

With that in mind, if I get a new CoS, will I be able to apply as soon as I get my documents back? I’m asking that as my leave has expired but from my understanding I might be able to apply considering applicants are usually given c amount of days after they get their decision from the home office. Please note that I am NOT an Overstayer as I applied before my leave expired. Can anyone confirm?

Thanks

You are not an overstayer. Let your employer get another COS ready in case your application is refused so you can submit another application immediately.

[vinny]

You may vary an in-time application before the decision.

[samhim123]

Hi guys,

Hope you’re all well. I need help and advice on my situation please!

I applied for my Tier 2 visa (switching from my current tier 4) before my BRP expired (note: my BRP has now expired but I am within my legal right to stay here). I am waiting to hear back from the Home Office with their decision.

I have just been told by my employer that I was assigned the wrong number of hours for my job role and pay. I am being offered the role of Health Service Manager (code 1181) and as a new entrant I am being paid 25,000. The number of hours I was assigned was 40 when it should have been 37 or 37.5. My employer has sent in an email asking for the hours to be amended if possible, however he has agreed to issue me with a new CoS if the hours are not amended and I get refused based on that.

With that in mind, if I get a new CoS, will I be able to apply as soon as I get my documents back? I’m asking that as my leave has expired but from my understanding I might be able to apply considering applicants are usually given c amount of days after they get their decision from the home office. Please note that I am NOT an Overstayer as I applied before my leave expired. Can anyone confirm?

Thanks

You are not an overstayer. Let your employer get another COS ready in case your application is refused so you can submit another application immediately.

So the fact that my BRP expired before I submitted my original application won’t affect my new application?

[samhim123]

You may vary an in-time application before the decision.

Not sure what that means?

[Djsuccess]

Hi guys,

Hope you’re all well. I need help and advice on my situation please!

I applied for my Tier 2 visa (switching from my current tier 4) before my BRP expired (note: my BRP has now expired but I am within my legal right to stay here). I am waiting to hear back from the Home Office with their decision.

I have just been told by my employer that I was assigned the wrong number of hours for my job role and pay. I am being offered the role of Health Service Manager (code 1181) and as a new entrant I am being paid 25,000. The number of hours I was assigned was 40 when it should have been 37 or 37.5. My employer has sent in an email asking for the hours to be amended if possible, however he has agreed to issue me with a new CoS if the hours are not amended and I get refused based on that.

With that in mind, if I get a new CoS, will I be able to apply as soon as I get my documents back? I’m asking that as my leave has expired but from my understanding I might be able to apply considering applicants are usually given c amount of days after they get their decision from the home office. Please note that I am NOT an Overstayer as I applied before my leave expired. Can anyone confirm?

Thanks

You are not an overstayer. Let your employer get another COS ready in case your application is refused so you can submit another application immediately.

So the fact that my BRP expired before I submitted my original application won’t affect my new application?

You said you made your initial application in time (i.e before your BRP expired) but the BRP expired during the processing. If the application is rejected, you will be given a window to submit another application. If you make another application within the window, you are not considered an overstayer. That's why I suggested that your employer should have a COS standby to assign in case your application is refused and you have to make a fresh submission.

[samhim123]

Hi guys,

Hope you’re all well. I need help and advice on my situation please!

I applied for my Tier 2 visa (switching from my current tier 4) before my BRP expired (note: my BRP has now expired but I am within my legal right to stay here). I am waiting to hear back from the Home Office with their decision.

I have just been told by my employer that I was assigned the wrong number of hours for my job role and pay. I am being offered the role of Health Service Manager (code 1181) and as a new entrant I am being paid 25,000. The number of hours I was assigned was 40 when it should have been 37 or 37.5. My employer has sent in an email asking for the hours to be amended if possible, however he has agreed to issue me with a new CoS if the hours are not amended and I get refused based on that.

With that in mind, if I get a new CoS, will I be able to apply as soon as I get my documents back? I’m asking that as my leave has expired but from my understanding I might be able to apply considering applicants are usually given c amount of days after they get their decision from the home office. Please note that I am NOT an Overstayer as I applied before my leave expired. Can anyone confirm?

Thanks

You are not an overstayer. Let your employer get another COS ready in case your application is refused so you can submit another application immediately.

So the fact that my BRP expired before I submitted my original application won’t affect my new application?

You said you made your initial application in time (i.e before your BRP expired) but the BRP expired during the processing. If the application is rejected, you will be given a window to submit another application. If you make another application within the window, you are not considered an overstayer. That's why I suggested that your employer should have a COS standby to assign in case your application is refused and you have to make a fresh submission.

Yes, my BRP expired while my application was being processed. That clarifies a lot, thanks! Do you know how long the window given usually is? Is it a month, weeks or just a couple of days?

[Djsuccess]

You are not an overstayer. Let your employer get another COS ready in case your application is refused so you can submit another application immediately.

So the fact that my BRP expired before I submitted my original application won’t affect my new application?

You said you made your initial application in time (i.e before your BRP expired) but the BRP expired during the processing. If the application is rejected, you will be given a window to submit another application. If you make another application within the window, you are not considered an overstayer. That's why I suggested that your employer should have a COS standby to assign in case your application is refused and you have to make a fresh submission.

Yes, my BRP expired while my application was being processed. That clarifies a lot, thanks! Do you know how long the window given usually is? Is it a month, weeks or just a couple of days?

I believe that the window is usually 14 days. This will be stated in the rejection letter.

[samhim123]

So the fact that my BRP expired before I submitted my original application won’t affect my new application?

You said you made your initial application in time (i.e before your BRP expired) but the BRP expired during the processing. If the application is rejected, you will be given a window to submit another application. If you make another application within the window, you are not considered an overstayer. That's why I suggested that your employer should have a COS standby to assign in case your application is refused and you have to make a fresh submission.

Yes, my BRP expired while my application was being processed. That clarifies a lot, thanks! Do you know how long the window given usually is? Is it a month, weeks or just a couple of days?

I believe that the window is usually 14 days. This will be stated in the rejection letter.

Do you know if it is 14 days from the day I receive the letter or from the day the decision is made?

[vinny]

You may vary an in-time application before the decision.

Not sure what that means?

Please click on the link for more details. If you have a new COS before any refusal, then you may vary your undecided application.

[samhim123]

Hi everyone,

Could you please advise on the following situation:

I am exempt from the RLMT as I am currently on a tier 4, have leave to remain and applying from within the U.K.

What should my employer say/write in the CoS to say that the RLMT has been met for exemption purposes. If anyone has a template it would be ideal. Thanks!

[samhim123]

Hi everyone,

Could you please advise on the following situation:

Job offer is code 1181

Min salary is 25,000

Should the number of hours on the CoS be the mean (37.9) or the median (37.5)?

Can you please advise on what the most suitable number of hours for this salary and position should be.

Thanks,

[Akorotaeva]

That depends entirely on your employer/contract. Full-time hours can be anywhere between 35 and 40 hrs.

[CR001]

Topics Merged (click to read)

[samhim123]

That depends entirely on your employer/contract. Full-time hours can be anywhere between 35 and 40 hrs.

Hi, thanks for your reply, however I don’t think you understood my question.

Situation for sponsored jobs is different. Therefore if the minimum salary for the role is 25,000 - min salary is assessed based on the employee working 37.5 hours (example). Working 40 (2.5 more) hours for the same job for the same min salary means that you do not meet the required points for the points based system. Therefore I think your salary needs to be increased or/and working hours need to be lowered to fit min hours that the min salary is based on.

Or maybe I am entirely wrong and have misunderstood how the system works...

[CR001]

The salary is based on 39 hours, as clearly explained in the link below under 'Introduction'!

https://www.gov.uk/guidance/immigration ... illed-work

Appropriate salary rates

14. Where these Rules state that an applicant must be paid the appropriate rate for a job as set out in this Appendix, the rate will be determined as follows:

--------

(f) The rates stated are per year and are based on the following weekly hours:

(i) Where the source is the Annual Survey of Hours and Earnings, a 39-hour week;

[samhim123]

Hi guys,

Hope you’re all well. I’ve got a question with regarding my right to rent.

I’ve applied to switch from my tier 4 to a tier 2 earlier in September. This was an in time application that got refused because the number of hours allocated in my CoS did not meet my min salary threshold. Note that my current leave expired while my initial in time application was being processed. I then applied again during the 14-day grace period given to me by the home office. As this was submitted after my current leave expired, it was considered as an out of time application but it still considered an application nonetheless.

My second application is still being processed by the home office.

PROBLEM:

I was just refused the right to rent. My landlord used the right to rent checking service by the home office and he was told that I do not have the right to rent as my pending application was not made in time, therefore as a landlord, he is not covered.

I do not understand how I am permitted to stay in the U.K. while my application is pending (all my documents are with the home office anyway, so it’s not like I have a choice) BUT do not have the right to rent?! Where am I supposed to stay? Additionally, I neither have the right to work.

So as of right now, the home office have granted me the right to stay in the U.K. but banned me from working and renting while my visa is being processed. How does that make any sense? Where am I supposed to stay? How am i supposed to generate a decent income to cover any of expenses while my application is being processed?

It just doesn’t make sense! Please advice! The home office has pretty much left me homeless!!

[vinny]

Unfortunately, these are intended consequences of being an overstayer in a hostile environment. The Home Office may disregard the period of overstay, for the purposes of considering your application. But apparently, this does not prevent you from being jobless nor homeless.

Contact your MP for help?

[vinny]

Topics Merged (click to read)

[pride88]

The salary is based on 39 hours, as clearly explained in the link below under 'Introduction'!

https://www.gov.uk/guidance/immigration ... illed-work

Appropriate salary rates

14. Where these Rules state that an applicant must be paid the appropriate rate for a job as set out in this Appendix, the rate will be determined as follows:

--------

(f) The rates stated are per year and are based on the following weekly hours:

(i) Where the source is the Annual Survey of Hours and Earnings, a 39-hour week;

Hi, These salaries are based on a 39 hour week. But i got issued a ucos for a 37.5 hours a week. So, if i get a salary of 23000, does that mean i have to adjust the salary to the 39 hours a week level? Would that be the actual salary required and not 23k? Please advice.

[CR001]

The salary is based on 39 hours, as clearly explained in the link below under 'Introduction'!

https://www.gov.uk/guidance/immigration ... illed-work

Appropriate salary rates

14. Where these Rules state that an applicant must be paid the appropriate rate for a job as set out in this Appendix, the rate will be determined as follows:

--------

(f) The rates stated are per year and are based on the following weekly hours:

(i) Where the source is the Annual Survey of Hours and Earnings, a 39-hour week;

Hi, These salaries are based on a 39 hour week. But i got issued a ucos for a 37.5 hours a week. So, if i get a salary of 23000, does that mean i have to adjust the salary to the 39 hours a week level? Would that be the actual salary required and not 23k? Please advice.

Kindly continue in your own topic instead of tagging onto other users threads.